B2-1.1-01, Occupancy Types (10/05/2022) (2024)

Introduction

This topic contains information on occupancy type requirements, including:

  • Overview
  • Principal Residence Properties
  • Second Home Properties
  • Investment Properties
  • Defining Occupancy for a Group Home

Overview

Fannie Mae purchases or securitizes mortgages secured by properties that are principal residences, second homes, or investment properties. For the maximum allowable LTV/CLTV/HCLTV ratios and credit score requirements for each occupancy type, see the Eligibility Matrix.

Principal Residence Properties

A principal residence is a property that the borrower occupies as their primary residence. The following table describes conditions under which Fannie Mae considers a residence to be a principal residence even though the borrower will not be occupying the property.

Borrower Types Requirements for Owner Occupancy
Multiple borrowers Only one borrower must occupy and take title to the property, except as otherwise required for mortgages that have guarantors or co-signers (see B2-2-04, Guarantors, Co-Signers, or Non-Occupant Borrowers on the Subject Transaction).
Military service members

A military service member borrower currently on active duty and temporarily absent from their principal residence because of military service is considered to be an owner occupant.

Lenders must verify the borrower's temporary absence from the subject property by obtaining a copy of the borrower's military orders.

The military orders must evidence the borrower will be absent from the subject property as of the date the owner occupancy must be established as required by the security instrument.

Loans that meet these requirements must be delivered with Special Feature Code 754.

Parents or legal guardian wanting to provide housing for their handicapped or disabled adult child If the child is unable to work or does not have sufficient income to qualify for a mortgage on their own, the parent or legal guardian is considered the owner/occupant.
Children wanting to provide housing for parents If the parent is unable to work or does not have sufficient income to qualify for a mortgage on their own, the child is considered the owner/occupant.

Second Home Properties

The table below provides the requirements for second home properties.

Second Home Requirements
must be occupied by the borrower for some portion of the year
is restricted to one-unit dwellings
must be suitable for year-round occupancy
the borrower must have exclusive control over the property
must not be rental property or a timeshare arrangement1

If the lender identifies rental income from the property, the loan is eligible for delivery as a second home as long as the income is not used for qualifying purposes, and all other requirements for second homes are met (including the occupancy requirement above).

cannot be subject to any agreements that give a management firm control over the occupancy of the property
must be underwritten in DU and receive an Approve/Eligible recommendation, with the exception of high LTV refinance loans required to be underwritten in accordance with the Alternative Qualification Path (see B5-7-03, High LTV Refinance Alternative Qualification Path).

An LLPA applies to certain loans secured by second homes. This LLPA is in addition to any other price adjustments that are otherwise applicable to the particular transaction. See the Loan-Level Price Adjustment (LLPA) Matrix.

Investment Properties

An investment property is owned but not occupied by the borrower. An LLPA applies to all mortgage loans secured by an investment property. These LLPAs are in addition to any other price adjustments that are otherwise applicable to the particular transaction. See the Loan-Level Price Adjustment (LLPA) Matrix.

Loans secured by an investment property must be underwritten in DU and receive an Approve/Eligible recommendation, with the exception of high LTV refinance loans that are required to be underwritten in accordance with the Alternative Qualification Path (see B5-7-03, High LTV Refinance Alternative Qualification Path).

Defining Occupancy for a Group Home

Eligibility and pricing for group homes will be the same as currently provided under the terms and conditions established for principal residence, second home, or investment properties depending on the particular occupancy status of the borrower(s).

Investment properties that are or will be leased to business entities for use as a group home are eligible for purchase by Fannie Mae (provided all borrowers are individuals).

Recent Related Announcements

The table below provides references to recently issued Announcements that are related to this topic.

Announcements Issue Date
Announcement SEL-2022-09 October 05, 2022
Announcement SEL-2022-05 June 01, 2022
Announcements SEL-2021-11 December 15, 2021
Announcement SEL-2021-03 April 07, 2021
Announcement SEL-2019-04 May 01, 2019
Announcement SEL-2019-02 March 6, 2019
1

If the lender identifies rental income from the property, the loan is eligible for delivery as a second home as long as the income is not used for qualifying purposes, and all other requirements for second homes are met (including the occupancy requirement above).

B2-1.1-01, Occupancy Types (10/05/2022) (2024)

FAQs

What are the occupancy types for mortgage? ›

Lenders categorize the occupancy of a property as: Primary Residence. Second home. Investment Property.

What does Fannie Mae consider a primary residence? ›

A principal residence is a property that the borrower occupies as their primary residence.

How many second homes does Fannie Mae allow? ›

Limits on the Number of Financed Properties
Subject Property OccupancyTransactionMaximum Number of Financed Properties
Principal residenceTransactions other than HomeReady loansNo limit
Principal residenceHomeReady loansDU and manually underwritten - 2
Second home or Investment propertyAllDU - 10

Do all borrowers have to be on title Fannie Mae? ›

When there are multiple borrowers on a transaction, only one borrower needs to occupy and take title to the property, except as otherwise required for mortgages that have guarantors or co-signers. See B2-2-04, Guarantors, Co-Signers, or Non-Occupant Borrowers on the Subject Transaction for more information.

How do you determine the occupancy of a house? ›

Divide the total area of each space by the occupant load factor. This will give you the total occupants allowed for each space. Add the total amount of occupants for each space to get the total amount of occupants for the entire building.

What is an example of occupancy status? ›

To give an example, if a property has four rooms and two of them are occupied, the occupancy rate is 50%. Alternatively, you could describe the rate as 20 if you currently have 20 people in-house. Either way, it is the number of people by which an area is being occupied.

How do lenders know if it's your primary residence? ›

The Rules Of Primary Residence

Where you spend the most time. Your legal address listed for tax returns, with the USPS, on your driver's license and on your voter registration card. The home that is near where you work or bank, recreational clubs where you're a member or other family members' homes.

How does the IRS verify primary residence? ›

U.S. Postal Service address, Voter Registration Card, Federal and state tax returns, and. Driver's license or car registration.

What is the occupancy rule for Fannie Mae? ›

Only one borrower must occupy and take title to the property, except as otherwise required for mortgages that have guarantors or co-signers.

Can you buy a second home if you don't own a primary residence in Fannie Mae? ›

A common misconception is that one must own a primary residence to qualify for a second home. Not so with Fannie Mae's guidelines. Whether you're renting, living with family, or in any other living situation, the possibility of owning a second home remains intact.

Can a second home be rented out Fannie Mae? ›

Borrower will maintain exclusive control over the occupancy of the Property, including short-term rentals, and will not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any ...

Is a second home considered owner-occupied? ›

No. A second home does not qualify as owner-occupied. If an owner decides later to make their second home their primary residence, then they could potentially refinance it at that point as their primary residence.

Do Fannie Mae loans require owner occupancy? ›

Typically, the borrower shall occupy, establish, and use the principal residence within 60 days after the execution of the security instrument. Refer to the applicable state security instrument form for requirements. Visit Fannie Mae's Security Instrument page to locate the applicable form.

Does Fannie Mae require owner occupancy? ›

Only one borrower needs to occupy and take title to the property, except as otherwise required for mortgages that have guarantors or co-signers (see B2-2-04, Guarantors, Co-Signers, or Non-Occupant Borrowers on the Subject Transaction).

How do you know if your mortgage is owned by Fannie or Freddie? ›

We encourage you to contact your servicer (often your bank or lender) to verify that your mortgage loan is owned or guaranteed by Fannie Mae or Freddie Mac, or you may verify it yourself by accessing the following websites: Fannie Mae www.KnowYourOptions.com/loanlookup, Freddie Mac www.freddiemac.com/mymortgage.

What is the occupancy clause on a mortgage? ›

An owner-occupancy clause is a specification on a mortgage loan stating that the owner of a house must live on that property for a certain period of time – usually 6 to 12 months. Owner-occupancy clauses allow lenders to verify your intent to use a house as a primary residence.

What is an example of a major occupancy classification? ›

Major Occupancy Types

Care and Detention occupancies such as hospitals, assisted living facilities, and rehabilitation centres are either classified as Class B-1 or Class B-2. Residential occupancies (Class C) include apartments, boarding houses, college residences, hotels, and other accommodations.

What is an occupancy major use classification? ›

Building occupancy classifications refer to categorizing structures based on their usage and are primarily used for building and fire code enforcement. They are usually defined by model building codes, and vary, somewhat, among them. Often, many of them are subdivided.

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